Notes on the unchallengeability against the order that rejects the dismissal articulated by the accused in the intermediate stage. An approach from conventionality
DOI:
https://doi.org/10.15381/lucerna.n7.30314Keywords:
Criminal Process, Unchallengeability against the order denying the request for dismissal, control of conventionality, legislative reformAbstract
This paper examines the problem of the non-challengeability of the court ruling that rejects the request for dismissal made by the accused at the intermediate stage, which is provided for in the last lines of literal 4 of article 352° of the Criminal Procedure Code. Thus, the central point of these lines is to raise the viability of the challenge through appeal, for which we will highlight that what is regulated by the cited legal device does not conform to parameters of conventionality that judges must evaluate in each specific case. Likewise, for the construction of this article, the legal devices, doctrine and jurisprudence have been taken into account as inputs, in which the latter have addressed, as background, the thesis for and against, on the challenge to the order denying the request for dismissal. Therefore, it is proposed that appeals be allowed through a legislative reform for certain cases, so that the criminal process is not saturated by separate appeals.
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Copyright (c) 2024 Iván Gómez Carrasco
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